By: Harris S.B. No. 642
A BILL TO BE ENTITLED
AN ACT
1-1 relating to abatement of common nuisances.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 125.001, Civil Practice and Remedies
1-4 Code, as amended by Section 14.03 of Chapter 76, Section 25 of
1-5 Chapter 318, and Section 2 of Chapter 663, Acts of the 74th
1-6 Legislature, 1995, is amended to read as follows:
1-7 Sec. 125.001. COMMON NUISANCE. (a) A person who knowingly
1-8 maintains a place to which persons habitually go for the following
1-9 purposes maintains a common nuisance:
1-10 (1) [purpose of] prostitution or gambling in violation
1-11 of the Penal Code;
1-12 (2) [, for the purpose of] discharge of a firearm in a
1-13 public place in violation of Section 42.01(a)(9), Penal Code;
1-14 (3) [, for the purpose of] reckless discharge of a
1-15 firearm as described by Section 42.12, Penal Code;
1-16 (4) [, for the purpose of] engaging in organized
1-17 criminal activity as a member of a combination as described by
1-18 Section 71.02, Penal Code; or
1-19 (5) [, or for the] delivery, possession, manufacture,
1-20 or use of a controlled substance in violation of Chapter 481,
1-21 Health and Safety Code[, maintains a common nuisance].
1-22 (b) A person who knowingly maintains a multiunit residential
1-23 property described by Subsection (c) to which persons habitually go
2-1 to commit the following acts maintains a common nuisance:
2-2 (1) aggravated assault as described by Section 22.02,
2-3 Penal Code;
2-4 (2) sexual assault as described by Section 22.011,
2-5 Penal Code;
2-6 (3) aggravated sexual assault as described by Section
2-7 22.021, Penal Code;
2-8 (4) robbery as described by Section 29.02, Penal Code;
2-9 (5) aggravated robbery as described by Section 29.03,
2-10 Penal Code; or
2-11 (6) unlawfully carrying a weapon as described by
2-12 Section 46.02, Penal Code.
2-13 (c) Subsection (b) applies only to a multiunit residential
2-14 property, as that term is defined by Section 125.041, as amended by
2-15 Section 1, Chapter 818, Acts of the 74th Legislature, 1995, that is
2-16 located in a municipality that:
2-17 (1) has a population of at least 440,000; and
2-18 (2) is located in a county that contains at least 35
2-19 incorporated municipalities.
2-20 SECTION 2. Section 125.004, Civil Practice and Remedies
2-21 Code, as amended by Sections 14.04, 14.05, and 14.06 of Chapter 76,
2-22 Sections 26 and 27 of Chapter 318, and Sections 3 and 4 of Chapter
2-23 663, Acts of the 74th Legislature, 1995, is amended to read as
2-24 follows:
2-25 Sec. 125.004. EVIDENCE. (a) Proof that an activity
3-1 described by Section 125.001 [prostitution or gambling in violation
3-2 of the Penal Code, that discharge of a firearm in a public place in
3-3 violation of Section 42.01(a)(9), Penal Code, that reckless
3-4 discharge of a firearm as described by Section 42.12, Penal Code,
3-5 or that the delivery or use of a controlled substance in violation
3-6 of Chapter 481, Health and Safety Code,] is frequently committed at
3-7 the place involved or that the place is frequently used for an
3-8 activity described by Section 125.001 [reckless discharge of a
3-9 firearm as described by Section 42.12, Penal Code,] is prima facie
3-10 evidence that the proprietor knowingly permitted the activity
3-11 [act].
3-12 (b) Evidence that persons have been convicted of offenses
3-13 for an activity described by Section 125.001 [gambling, committing
3-14 prostitution, discharge of a firearm in a public place in violation
3-15 of Section 42.01(a)(9), Penal Code, reckless discharge of a firearm
3-16 as described by Section 42.12, Penal Code, engaging in organized
3-17 criminal activity as a member of a combination as described by
3-18 Section 71.02, Penal Code, or delivering or using a controlled
3-19 substance in violation of Chapter 481, Health and Safety Code,] in
3-20 the place involved is admissible to show knowledge on the part of
3-21 the defendant that the act occurred. The originals or certified
3-22 copies of the papers and judgments of those convictions are
3-23 admissible in the suit for injunction, and oral evidence is
3-24 admissible to show that the offense for which a person was
3-25 convicted was committed at the place involved.
4-1 (c) Evidence of the general reputation of the place involved
4-2 is admissible to show the existence of the nuisance.
4-3 [(g) Proof that organized criminal activity by a member of a
4-4 combination or a criminal street gang as described by Section
4-5 71.02, Penal Code, is frequently committed at a place or proof that
4-6 a place is frequently used for engaging in organized criminal
4-7 activity by a member of a combination or a criminal street gang as
4-8 described by Section 71.02, Penal Code, is prima facie evidence
4-9 that the proprietor knowingly permitted the act, unless the act
4-10 constitutes conspiring to commit an offense as described by Section
4-11 71.02, Penal Code.]
4-12 SECTION 3. (a) This Act takes effect September 1, 1997.
4-13 (b) This Act applies only to conduct that occurs on or after
4-14 the effective date of this Act. Conduct violating the penal law
4-15 of this state occurs on or after the effective date of this Act if
4-16 any element of the violation occurs on or after that date.
4-17 (c) Conduct that occurs before the effective date of this
4-18 Act is governed by the law in effect at the time the conduct
4-19 occurred, and that law is continued in effect for that purpose.
4-20 SECTION 4. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.
4-25 COMMITTEE AMENDMENT NO. 1
5-1 Amend S.B. 642:
5-2 1. On page 1, line 22, Delete Subsection (b), and replace
5-3 with a new Subsection (b) as follows:
5-4 (b)(1) A person who knowingly maintains a multiunit
5-5 residential property described by Subsection (c) to which persons
5-6 habitually go to commit the following acts:
5-7 (A) aggravated assault as described by Section
5-8 22.02, Penal Code;
5-9 (B) sexual assault as described by Section
5-10 22.011, Penal Code;
5-11 (C) Aggravated sexual assault as described by
5-12 Section 22.021, Penal Code;
5-13 (D) robbery as described by Section 29.02, Penal
5-14 Code;
5-15 (E) aggravated robbery as described by Section
5-16 29.03, Penal Code; or
5-17 (F) unlawfully carrying a weapon as described by
5-18 Section 46.02, Penal Code; and
5-19 (2) who has failed to make reasonable attempts to
5-20 abate such acts maintains a common nuisance.
5-21 2. On page 2, delete line 16 and replace it as follows:
5-22 located in a municipality that has a population of at least
5-23 440,000.
5-24 3. On page 2, delete lines 17-19.
5-25 Carter